Child Custody: Things The Judge Will Consider - By: Lucille Uttermohlen

Whether you are getting a divorce, or were never married, the court has guidelines it must follow in awarding custody of a child. In general, it is the court's duty to place the child where it would be in his / her "best interest" to live. The following are some of the things a judge would normally consider.

The age and sex of the child can be important. If a boy is old enough to decide that he wants to spend more time with his dad, the judge may let him move in. If a girl feels that her step-mother is ... well, not the good witch, a court may listen to what she has to say in favor of her mother's home. The child must be old enough, and sufficiently mature to understand what he / she is requesting. If the judge thinks he / she is, serious attention can be paid to the child's wishes.

The persons sharing the custodial parent's home can be relevant to a custody modification. If the mother's boyfriend is abusive, or the father's new wife is hostile to his kids, the court may decide that the child would be better off with the other parent. If the child is mistaking needed discipline for cruelty, however, the court may decide that his / her stability is best served by remaining with the custodial parent, even if that parent won't let the child blast his music at full volume whenever he / she wants.

If there are other children, the court may look at whether the child would suffer by being separated from his / her siblings. Even half siblings can form strong bonds, and it may not be good for the child to live in the other parent's home if to do so would cause them to be apart. This factor can be neutralized by the existence of half siblings in both homes. Still, the child's relationship with these other children can be important.

Drugs and alcohol can also play a part in a custody determination. Obviously, a parent who drinks to excess or engages in the use of recreational drugs may lack the judgement to provide a safe home for the child. The risk of dangerous behavior or even being jailed could make this kind of parent a bad choice for a child's primary caretaker. In addition, if the parent is violent, or can't protect the child from others who are, the child may be better off in the other parent's home.

The things a judge uses to determine where a child should be placed, also depend on the situation. Most judges don't like to talk to small children because they are unable to appreciate the significance of the proceeding. However, an older child may be able to provide useful information regarding his / her own best placement. School records can also be useful in assessing a child's home situation. A straight "a" student who is suddenly flunking may be in need of the other parent's care. If the child is getting therapy, the counselor's opinion may be valuable. Finally, the court can ask for reports from independant persons, such as guardian ad litems, if the judge is convinced that the parties and their witnesses cannot give adequate information on which to base a fair decision.

Copyright (c) 2009 Lucille Uttermohlen

About the Author

Lucille Uttermohlen has been a family law attorney for 27 years. If you hav questions about divorce, or any other legal issue, visit Lucille at http://www.couple-or-not.com for answers.

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